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CHARETTE v. SANTSPREE

506793

68 A.D.3d 1583 (2009)

2009 NY Slip Op 10013

893 N.Y.S.2d 315

TRACEY CHARETTE, as Parent and Guardian of AMBER CHARETTE, an Infant, Respondent, v. RAYMOND SANTSPREE et al., Appellants, et al., Defendant. (And a Third-Party Action.)

Appellate Division of the Supreme Court of New York, Third Department.

Decided December 31, 2009.

KAVANAGH, J.

In September 1996, plaintiff gave birth to her second child (hereinafter the child) while residing in a second floor apartment in a building located at 112 Main Street in the City of Cohoes, Albany County that was owned by defendants Raymond Santspree and Diane Santspree (hereinafter collectively referred to as defendants). In May 1998 — some four months after defendants sold the building to defendant Joseph Marra — tests performed on the...

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